37016 Federal Register / Vol. 70, No.
123 / Tuesday, June 28, 2005 / Rules and Regulations
the subjects of allegations confidence that
their rights are protected and that the mere
filing of an allegation of research misconduct
will not result in an adverse action.
Safeguards include timely written notice
regarding substantive allegations against
them, a description of the allegation and
reasonable access to any evidence submitted
to support the allegation or developed in
response to an allegation and notice of any
findings of research misconduct.
(2) Objectivity and Expertise. The
contractor shall select individual(s) to
inquire, investigate, and adjudicate
allegations of research misconduct who have
appropriate expertise and have no
unresolved conflict of interest. The
individual(s) who conducts an adjudication
must not be the same individual(s) who
conducted the inquiry or investigation, and
must be separate organizationally from the
element that conducted the inquiry or
investigation.
(3) Timeliness. The contractor shall
coordinate, inquire, investigate and
adjudicate allegations of research misconduct
promptly, but thoroughly. Generally, an
investigation should be completed within
120 days of initiation, and adjudication
should be complete within 60 days of receipt
of the record of investigation.
(4) Confidentiality. To the extent possible,
consistent with fair and thorough processing
of allegations of research misconduct and
applicable law and regulation, knowledge
about the identity of the subjects of
allegations and informants should be limited
to those with a need to know.
(5) Remediation and Sanction. If the
contractor finds that research misconduct has
occurred, it shall assess the seriousness of the
misconduct and its impact on the research
completed or in process. The contractor must
take all necessary corrective actions. Such
action may include but are not limited to,
correcting the research record and as
appropriate imposing restrictions, controls,
or other parameters on research in process or
to be conducted in the future. The contractor
must coordinate remedial actions with the
contracting officer. The contractor must also
consider whether personnel sanctions are
appropriate. Any such sanction must be
considered and effected consistent with any
applicable personnel laws, policies, and
procedures, and shall take into account the
seriousness of the misconduct and its impact,
whether it was done knowingly or
intentionally, and whether it was an isolated
event or pattern of conduct.
(e) DOE reserves the right to pursue such
remedies and other actions as it deems
appropriate, consistent with the terms and
conditions of the award instrument and
applicable laws and regulations. However,
the contractor’s good faith administration of
this clause and the effectiveness of its
remedial actions and sanctions shall be
positive considerations and shall be taken
into account as mitigating factors in assessing
the need for such actions. If DOE pursues any
such action, it will inform the subject of the
action of the outcome and any applicable
appeal procedures.
(f) Definitions.
Adjudication means a formal review of a
record of investigation of alleged research
VerDate jul<14>2003 15:51 Jun 27, 2005 Jkt 205001
misconduct to determine whether and what
corrective actions and sanctions should be
taken.
Fabrication means making up data or
results and recording or reporting them.
Falsification means manipulating research
materials, equipment, or processes, or
changing or omitting data or results such that
the research is not accurately represented in
the research record.
Finding of Research Misconduct means a
determination, based on a preponderance of
the evidence, that research misconduct has
occurred. Such a finding requires a
conclusion that there has been a significant
departure from accepted practices of the
relevant research community and that it be
knowingly, intentionally, or recklessly
committed.
Inquiry means information gathering and
initial fact-finding to determine whether an
allegation or apparent instance of misconduct
warrants an investigation.
Investigation means the formal
examination and evaluation of the relevant
facts.
Plagiarism means the appropriation of
another person’s ideas, processes, results, or
words without giving appropriate credit.
Research means all basic, applied, and
demonstration research in all fields of
science, medicine, engineering, and
mathematics, including, but not limited to,
research in economics, education, linguistics,
medicine, psychology, social sciences
statistics, and research involving human
subjects or animals.
Research Misconduct means fabrication,
falsification, or plagiarism in proposing,
performing, or reviewing research, or in
reporting research results, but does not
include honest error or differences of
opinion.
Research record means the record of all
data or results that embody the facts resulting
from scientists’ inquiries, including, but not
limited to, research proposals, laboratory
records, both physical and electronic,
progress reports, abstracts, theses, oral
presentations, internal reports, and journal
articles.
(g) By executing this contract, the
contractor provides its assurance that it has
established an administrative process for
performing an inquiry, mediating if possible,
or investigating, and reporting allegations of
research misconduct; and that it will comply
with its own administrative process and the
requirements of 10 CFR part 733 for
performing an inquiry, possible mediation,
investigation and reporting of research
misconduct.
(h) The contractor must insert or have
inserted the substance of this clause,
including paragraph (g), in subcontracts at all
tiers that involve research.
(End of Clause)
PART 970—MANAGEMENT AND
OPERATING CONTRACTS
■ 7. The authority citation for part 970
continues to read as follows:
Authority: 42 U.S.C. 2201, 2282a, 2282b,
2282c; 42 U.S.C. 7101 et seq.; 41 U.S.C. 418b;
50 U.S.C. 2401 et seq.
PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM
■ 8. Section 970.5204–3 is amended by
revising paragraph (b)(1) to read as
follows:
970.5204–3 Access to and ownership of
records.
* * * * *
(b) * * *
(1) Employment-related records (such
as worker’s compensation files;
employee relations records, records on
salary and employee benefits; drug
testing records, labor negotiation
records; records on ethics, employee
concerns; records generated during the
course of responding to allegations of
research misconduct; records generated
during other employee related
investigations conducted under an
expectation of confidentiality; employee
assistance program records; and
personnel and medical/health-related
records and similar files), and non-
employee patient medical/health-related
records, except for those records
described by the contract as being
maintained in Privacy Act systems of
records.
* * * * *
[FR Doc. 05–12645 Filed 6–27–05; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE227; Special Condition No.
23–169–SC]
Special Conditions: Diamond Aircraft
Industries, DA–42; Diesel Cycle Engine
Using Turbine (Jet) Fuel
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for the Diamond Aircraft
Industries (DAI) DA–42 airplane. This
airplane will have a novel or unusual
design feature(s) associated with the
installation of a diesel cycle engine
utilizing turbine (jet) fuel. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for installation of this
new technology engine. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: The effective date of these
special conditions is June 22, 2005.
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 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
Comments must be received on or
before July 28, 2005.
ADDRESSES: Comments on these special
conditions may be mailed in duplicate
to: Federal Aviation Administration,
Regional Counsel, ACE–7, Attention:
Rules Docket, Docket No. CE227, 901
Locust, Room 506, Kansas City,
Missouri 64106, or delivered in
duplicate to the Regional Counsel at the
above address. Comments must be
marked: CE227. Comments may be
inspected in the Rules Docket
weekdays, except Federal holidays,
between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT:
Peter L. Rouse, Federal Aviation
Administration, Aircraft Certification
Service, Small Airplane Directorate,
ACE–111, 901 Locust, Kansas City,
Missouri, 816–329–4135, fax 816–329–
4090.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
opportunity for prior public comment
hereon are impracticable because these
procedures would significantly delay
issuance of the approval design and
thus delivery of the affected aircraft.
The FAA therefore finds that good cause
exists for making these special
conditions effective upon issuance.
Comments Invited
Interested persons are invited to
submit such written data, views, or
arguments, as they may desire.
Communications should identify the
regulatory docket or special condition
number and be submitted in duplicate
to the address specified above. All
communications received on or before
the closing date for comments will be
considered by the Administrator. The
special conditions may be changed in
light of the comments received. All
comments received will be available in
the Rules Docket for examination by
interested persons, both before and after
the closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerning
this rulemaking will be filed in the
docket. Persons wishing the FAA to
acknowledge receipt of their comments
submitted in response to this notice
must include with those comments a
self-addressed, stamped postcard on
which the following statement is made:
‘‘Comments to CE227.’’ The postcard
will be date stamped and returned to the
commenter.
Background
Under the Bilateral Airworthiness
Agreement (BAA) between the USA and
the Austrian Exporting Civil Aviation
Authority (ECAA), the Austro Control
VerDate jul<14>2003 15:51 Jun 27, 2005 Jkt 205001
GmbH (ACG), the DAI applied for U.S.
Type Certification of Diamond Aircraft
Industries (DAI) Model DA–42 on
August 2, 2004, through the European
Aviation Safety Agency (EASA). The
DAI DA–42 aircraft is a new fully
composite, four place, twin-engine
airplane with retractable gear, cantilever
low wing and T-tail. EASA certified the
airplane on type certificate number
A005, dated May 13, 2004. The airplane
is powered by two Thielert Aircraft
Engines GmbH (Thielert) TAE 125–01
aircraft diesel engines (ADE), type
certificated in the United States, type
certificate number E00069EN.
Expecting the reintroduction of diesel
engine technology into the small
airplane fleet, the FAA issued Policy
Statement PS-ACE100–2002–004 on
May 15, 2004, which identified areas of
technological concern involving
introduction of new technology diesel
engines into small airplanes. For a more
detailed summary of the FAA’s
development of diesel engine
requirements, refer to this policy.
The general areas of concern involved
the power characteristics of the diesel
engines, the use of turbine fuel in an
airplane class that has typically been
powered by gasoline fueled engines, the
vibration characteristics and failure
modes of diesel engines. These concerns
were identified after a review of the
record of diesel engine use in aircraft
and a review of the 14 CFR part 23
regulations, which identified specific
regulatory areas that needed to be
evaluated for applicability to diesel
engine installations. These concerns are
not considered universally applicable to
all types of possible diesel engines and
diesel engine installations. However,
after review of the DAI installation, the
Thielert engine type, and the
requirements applied by the ACG, and
after applying the provisions of the
diesel policy, the FAA proposes these
fuel system and engine related special
conditions. Other special conditions
issued in a separate notice include
special conditions for HIRF and
application of § 23.1309 provisions to
the Full Authority Digital Engine
Control (FADEC).
Discussion
Several major concerns were
identified in developing FAA policy.
These include installing the diesel
engine and noting its vibration levels
under both normal operating conditions
and when one cylinder is inoperative.
The concerns also include
accommodating turbine fuels in airplane
systems that have generally evolved
based on gasoline requirements,
anticipated use of a FADEC to control
PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM
37017
the engine, and appropriate limitations
and indications for a diesel engine
powered airplane. The general concerns
associated with the aircraft diesel
engine installation are as follows:
Installation and Vibration
Requirements, Fuel and Fuel System
Related Requirements, FADEC and
Electrical System Requirements,
Limitations and Indications.
Installation and Vibration
Requirements: These special conditions
include requirements similar to the
requirements of § 23.901(d)(1) for
turbine engines. In addition to the
requirements of § 23.901 applied to
reciprocating engines, the applicant will
be required to construct and arrange
each diesel engine installation to result
in vibration characteristics that do not
exceed those established during the type
certification of the engine. These
vibration levels must not exceed
vibration characteristics that a
previously certificated airframe
structure has been approved for, unless
such vibration characteristics are shown
to have no effect on safety or continued
airworthiness. The engine limit torque
design requirements as specified in
§ 23.361 are also modified.
An additional requirement to consider
vibration levels and/or effects of an
inoperative cylinder was imposed. Also,
a requirement to evaluate the engine
design for the possibility of, or effect of,
liberating high-energy engine fragments,
in the event of a catastrophic engine
failure, requirements was added.
Fuel and Fuel System Related
Requirements: Due to the use of turbine
fuel, this airplane must comply with the
requirements in § 23.951(c).
Section 23.961 will be complied with
using the turbine fuel requirements.
These requirements will substantiated
by flight-testing as described in
Advisory Circular AC 23–8B, Flight Test
Guide for Certification of Part 23
Airplanes.
This special condition specifically
requires testing to show compliance to
§ 23.961 and adds the possibility of
testing non-aviation diesel fuels.
To ensure fuel system compatibility
and reduce the possibility of misfueling,
and discounting the first clause of
§ 23.973(f) referring to turbine engines,
the applicant will comply with
§ 23.973(f).
Due to the use of turbine fuel, the
applicant will comply with
§ 23.977(a)(2), and § 23.977(a)(1) will
not apply. ‘‘Turbine engines’’ will be
interpreted to mean ‘‘aircraft diesel
engine’’ for this requirement. An
additional requirement to consider the
possibility of fuel freezing was imposed.
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 37018 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
Due to the use of turbine fuel, the
applicant will comply with
§ 23.1305(c)(8).
Due to the use of turbine fuel, the
applicant must comply with
§ 23.1557(c)(1)(ii). Section
23.1557(c)(1)(ii) will not apply.
‘‘Turbine engine’’ is interpreted to mean
‘‘aircraft diesel engine’’ for this
requirement.
FADEC and Electrical System
Requirements: The electrical system
must comply with the following:
• In case of failure of one power
supply of the electrical system, there
will be no significant engine power
change. The electrical power supply to
the FADEC must remain stable in such
a failure.
• The transition from the actual
engine electrical network (FADEC) to
the remaining electrical system with the
consumer’s, avionics, communication,
etc., should be made by a single point
only. If several transitions (e.g., for
redundancy reasons) are needed, then
the number of the transitions must be
kept as small as possible.
• There must be the ability to
separate the FADEC power supply
(alternator) from the battery and from
the remaining electrical system.
• In case of loss of alternator power,
the installation must guarantee that the
battery will provide the power for an
appropriate time after appropriate
warning to the pilot.
• FADEC, alternator, and battery must
be interconnected in an appropriate way
so, in case of loss of battery power, the
supply of the FADEC is guaranteed by
the alternator.
Limitations and Indications
Section 23.1305(a) and § 23.1305(b)(2)
will apply, except that propeller
revolutions per minute (RPM) will be
displayed. Sections 23.1305(b)(4),
23.1305(b)(5), and 23.1305(b)(7) are
deleted.
Additional critical engine parameters
for this installation that will be
displayed include:
(1) Power setting, in percentage, and
(2) Fuel temperature.
Due to the use of turbine fuel, the
requirements for § 23.1521(d), as
applicable to fuel designation for
turbine engines, will apply.
Type Certification Basis
Under the provisions of 14 CFR 21.17,
Diamond Aircraft Industries must show
that the DA–42 meets the applicable
provisions of part 23, as amended by
Amendments 23–1 through 23–51
thereto. In addition, the certification
basis includes special conditions and
equivalent levels of safety for the
following:
VerDate jul<14>2003 15:51 Jun 27, 2005 Jkt 205001
Special Conditions:
• Engine torque (Provisions similar to
§ 23.361, paragraphs (b)(1) and (c)(3))
• Powerplant—Installation
(Provisions similar to § 23.901(d)(1) for
turbine engines)
• Powerplant—Fuel System—Fuel
system with water saturated fuel
(Compliance with § 23.951
requirements)
• Powerplant—Fuel System—Fuel
system hot weather operation
(Compliance with § 23.961
requirements)
• Powerplant—Fuel system—Fuel
tank filler connection (Compliance with
§ 23.973(f) requirements)
• Powerplant—Fuel system—Fuel
tank outlet (Compliance with § 23.977
requirements)
• Powerplant—Powerplant Controls
and Accessories—Engine ignition
systems (Compliance with § 23.1165
requirements)
• Equipment—General—Powerplant
Instruments (Compliance with § 23.1305
requirements)
• Operating Limitations and
Information—Powerplant limitations—
Fuel grade or designation (Compliance
with § 23.1521(d) requirements)
• Markings And Placards—
Miscellaneous markings and placards—
Fuel, oil, and coolant filler openings
(Compliance with § 23.1557(c)(1)
requirements)
• Powerplant—Fuel system—Fuel-
Freezing
• Powerplant Installation—Vibration
levels
• Powerplant Installation—One
cylinder inoperative
• Powerplant Installation—High
Energy Engine Fragments
Equivalent levels of safety for:
• Cockpit controls—23.777(d)
• Motion and effect of cockpit
controls—23.779(b)
• Liquid Cooling—Installation—
23.1061
• Ignition switches—23.1145
The type certification basis includes
exemptions, if any; equivalent level of
safety findings, if any; and the special
conditions adopted by this rulemaking
action.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., part 23) do not contain adequate or
appropriate safety standards for the
Diamond Aircraft Industries DA–42
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Diamond Aircraft
Industries DA–42 must comply with the
PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM
part 23 noise certification requirements
of 14 CFR part 36.
Special conditions, as appropriate, as
defined in § 11.19, are issued in
accordance with § 11.38, and become
part of the type certification basis in
accordance with § 21.17.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate to incorporate the
same novel or unusual design feature,
the special conditions would also apply
to the other model under the provisions
of § 21.101.
Novel or Unusual Design Features
The Diamond Aircraft Industries DA–
42 will incorporate the following novel
or unusual design feature:
The Diamond Aircraft Industries DA–
42 will incorporate an aircraft diesel
engine using turbine (jet) fuel.
Applicability
As discussed above, these special
conditions are applicable to the
Diamond Aircraft Industries DA–42.
Should Diamond Aircraft Industries
apply at a later date for a change to the
type certificate to include another
model incorporating the same novel or
unusual design feature, the special
condition would apply to that model as
well under the provisions of § 21.101.
Conclusion
This action affects only certain novel
or unusual design features on one model
series of airplane. It is not a rule of
general applicability, and it affects only
the applicant who applied to the FAA
for approval of these features on the
airplane.
The substance of these special
conditions has been subjected to the
notice and comment period in a prior
instance and has been derived without
substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. For this reason, and
because a delay would significantly
affect the certification of the airplane,
which is imminent, the FAA has
determined that prior public notice and
comment are unnecessary and
impracticable, and good cause exists for
adopting these special conditions upon
issuance. The FAA is requesting
comments to allow interested persons to
submit views that may not have been
submitted in response to the prior
opportunity for comment described
above.
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 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and
symbols.
Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113 and
44701; 14 CFR 21.16 and 21.17; and 14 CFR
11.38 and 11.19.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Diamond Aircraft
Industries DA–42 airplane.
1. Engine torque (Provisions similar to
§ 23.361, paragraphs (b)(1) and (c)(3)):
a. For diesel engine installations, the
engine mounts and supporting structure
must be designed to withstand the
following:
(1) A limit engine torque load
imposed by sudden engine stoppage due
to malfunction or structural failure.
(a) The effects of sudden engine
stoppage may alternatively be mitigated
to an acceptable level by utilization of
isolators, dampers clutches, and similar
provisions, so unacceptable load levels
are not imposed on the previously
certificated structure.
b. The limit engine torque to be
considered under § 23.361(a) must be
obtained by multiplying the mean
torque by a factor of four for diesel cycle
engines.
(1) If a factor of less than four is used,
it must be shown that the limit torque
imposed on the engine mount is
consistent with the provisions of
§ 23.361(c). In other words, it must be
shown that the use of the factors listed
in § 23.361(c)(3) will result in limit
torques on the mount that are equivalent
to or less than those imposed by a
conventional gasoline reciprocating
engine.
2. Powerplant—Installation
(Provisions similar to § 23.901(d)(1) for
turbine engines):
Considering the vibration
characteristics of diesel engines, the
applicant must comply with the
following:
a. Each diesel engine installation must
be constructed and arranged to result in
vibration characteristics that—
(1) Do not exceed those established
during the type certification of the
engine; and
(2) Do not exceed vibration
characteristics that a previously
certificated airframe structure has been
approved for —
(i) Unless such vibration
characteristics are shown to have no
VerDate jul<14>2003 15:51 Jun 27, 2005 Jkt 205001
effect on safety or continued
airworthiness, or
(ii) Unless mitigated to an acceptable
level by utilization of isolators, dampers
clutches, and similar provisions, so that
unacceptable vibration levels are not
imposed on the previously certificated
structure.
3. Powerplant—Fuel System—Fuel
system with water saturated fuel
(Compliance with § 23.951
requirements):
Considering the fuel types used by
diesel engines, the applicant must
comply with the following:
a. Each fuel system for a diesel engine
must be capable of sustained operation
throughout its flow and pressure range
with fuel initially saturated with water
at 80° F and having 0.75cc of free water
per gallon added and cooled to the most
critical condition for icing likely to be
encountered in operation.
b. Methods of compliance that are
acceptable for turbine engine fuel
systems requirements of § 23.951(c) are
also considered acceptable for this
requirement.
4. Powerplant—Fuel System—Fuel
system hot weather operation
(Compliance with § 23.961
requirements):
In place of compliance with § 23.961,
the applicant must comply with the
following:
a. Each fuel system must be free from
vapor lock when using fuel at its critical
temperature, with respect to vapor
formation, when operating the airplane
in all critical operating and
environmental conditions for which
approval is requested. For turbine fuel,
or for aircraft equipped with diesel
cycle engines that use turbine or diesel
type fuels, the initial temperature must
be 110 °F, ¥0°, +5° or the maximum
outside air temperature for which
approval is requested, whichever is
more critical.
b. The fuel system must be in an
operational configuration that will yield
the most adverse, that is, conservative
results.
c. To comply with this requirement,
the applicant must use the turbine fuel
requirements and must substantiate
these by flight-testing, as described in
Advisory Circular AC 23–8B, Flight Test
Guide for Certification of Part 23
Airplanes.
5. Powerplant—Fuel system—Fuel
tank filler connection (Compliance with
§ 23.973(f) requirements):
In place of compliance with
§ 23.973(e) and (f), the applicant must
comply with the following:
For airplanes that operate on turbine
or diesel type fuels, the inside diameter
PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM
37019
of the fuel filler opening must be no
smaller than 2.95 inches.
6. Powerplant—Fuel system—Fuel
tank outlet (Compliance with § 23.977
requirements):
In place of compliance with
§ 23.977(a)(1) and (a)(2), the applicant
will comply with the following:
There must be a fuel strainer for the
fuel tank outlet or for the booster pump.
This strainer must, for diesel engine
powered airplanes, prevent the passage
of any object that could restrict fuel flow
or damage any fuel system component.
7. Powerplant—Powerplant Controls
and Accessories—Engine ignition
systems (Compliance with § 23.1165
requirements):
Considering that the FADEC provides
the same function as an ignition system
for this diesel engine, in place of
compliance to § 23.1165, the applicant
will comply with the following:
a. The electrical system must comply
with the following requirements:
(1) In case of failure of one power
supply of the electrical system, there
will be no significant engine power
change. The electrical power supply to
the FADEC must remain stable in such
a failure.
(2) The transition from the actual
engine electrical network (FADEC
network) to the remaining electrical
system should be made at a single point
only. If several transitions (for example,
redundancy reasons) are needed, then
the number of the transitions must be
kept as small as possible.
(3) There must be the ability to
separate the FADEC power supply
(alternator) from the battery and from
the remaining electrical system.
(4) In case of loss of alternator power,
the installation must guarantee the
battery will provide the power for an
appropriate time after appropriate
warning to the pilot. This period must
be at least 30 minutes required, 60
minutes desired.
(5) FADEC, alternator, and battery
must be interconnected in an
appropriate way so, in case of loss of
battery power, the supply of the FADEC
is guaranteed by the alternator.
8. Equipment—General—Powerplant
Instruments (Compliance with § 23.1305
and 91.205 requirements):
a. In place of compliance with
§ 23.1305, the applicant will comply
with the following:
(1) The following are required
powerplant instruments:
(a) A fuel quantity indicator for each
fuel tank, installed in accordance with
§ 23.1337(b).
(b) An oil pressure indicator.
(c) An oil temperature indicator.
(d) A tachometer indicating propeller
speed.
28JNR1
 37020 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
(e) A coolant temperature indicator.
(f) An indicating means for the fuel
strainer or filter required by § 23.997 to
indicate the occurrence of
contamination of the strainer or filter
before it reaches the capacity
established in accordance with
§ 23.997(d).
1. No indicator is required if the
engine can operate normally for a
specified period with the fuel strainer
exposed to the maximum fuel
contamination as specified in MIL–
5007D and provisions for replacing the
fuel filter at this specified period (or a
shorter period) are included in the
maintenance schedule for the engine
installation.
(g) Power setting, in percentage.
(h) Fuel temperature.
(i) Fuel flow (engine fuel
consumption).
b. In place of compliance with
§ 91.205, the following will be complied
with: The diesel engine has no manifold
pressure gauge as required by § 91.205,
in its place, the engine instrumentation
as installed is to be approved as
equivalent. TCDS is to be modified to
show power indication will be accepted
to be equivalent to the manifold
pressure indication.
9. Operating Limitations and
Information—Powerplant limitations—
Fuel grade or designation (Compliance
with § 23.1521(d) requirements):
Instead of compliance with
§ 23.1521(d), the applicant must comply
with the following:
The minimum fuel designation (for
diesel engines) must be established so it
is not less than that required for the
operation of the engines within the
limitations in paragraphs (b) and (c) of
§ 23.1521.
10. Markings And Placards—
Miscellaneous markings and placards—
Fuel, oil, and coolant filler openings
(Compliance with § 23.1557(c)(1)
requirements):
Instead of compliance with
§ 23.1557(c)(1), the applicant must
comply with the following:
a. Fuel filler openings must be marked
at or near the filler cover with—
(1) For diesel engine-powered
airplanes—
(a) The words ‘‘Jet Fuel’’; and
(b) The permissible fuel designations,
or references to the Airplane Flight
Manual (AFM) for permissible fuel
designations.
(c) A warning placard or note that
states the following or similar:
‘‘Warning—this airplane equipped
with an aircraft diesel engine, service
with approved fuels only.’’
The colors of this warning placard
should be black and white.
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11. Powerplant—Fuel system—Fuel-
Freezing:
If the fuel in the tanks cannot be
shown to flow suitably under all
possible temperature conditions, then
fuel temperature limitations are
required. These will be considered as
part of the essential operating
parameters for the aircraft and must be
limitations.
a. The takeoff temperature limitation
must be determined by testing or
analysis to define the minimum cold-
soaked temperature of the fuel that the
airplane can operate on.
b. The minimum operating
temperature limitation must be
determined by testing to define the
minimum operating temperature
acceptable after takeoff (with minimum
takeoff temperature established in (1)
above).
12. Powerplant Installation—
Vibration levels:
a. Vibration levels throughout the
engine operating range must be
evaluated and:
(1) Vibration levels imposed on the
airframe must be less than or equivalent
to those of the gasoline engine; or
(2) Any vibration level that is higher
than that imposed on the airframe by
the replaced gasoline engine must be
considered in the modification and the
effects on the technical areas covered by
the following paragraphs must be
investigated: 14 CFR part 23, 23.251;
23.613; 23.627; 23.629 (or CAR 3.159, as
applicable to various models); 23.572;
23.573; 23.574 and 23.901.
b. Vibration levels imposed on the
airframe can be mitigated to an
acceptable level by use of isolators,
dampers clutches, and similar
provisions, so unacceptable vibration
levels are not imposed on the previously
certificated structure.
13. Powerplant Installation—One
cylinder inoperative:
It must be shown by test or analysis,
or by a combination of methods, that the
airframe can withstand the shaking or
vibratory forces imposed by the engine
if a cylinder becomes inoperative. Diesel
engines of conventional design typically
have extremely high levels of vibration
when a cylinder becomes inoperative.
Data must be provided to the airframe
installer/modifier so either appropriate
design considerations or operating
procedures, or both, can be developed to
prevent airframe and propeller damage.
14. Powerplant Installation—High
Energy Engine Fragments:
It may be possible for diesel engine
cylinders (or portions thereof) to fail
and physically separate from the engine
at high velocity (due to the high internal
pressures). This failure mode will be
PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM
considered possible in engine designs
with removable cylinders or other non-
integral block designs. The following is
required:
a. It must be shown that the engine
construction type (massive or integral
block with non-removable cylinders) is
inherently resistant to liberating high
energy fragments in the event of a
catastrophic engine failure; or,
b. It must be shown by the design of
the engine, that engine cylinders, other
engine components or portions thereof
(fragments) cannot be shed or blown off
the engine in the event of a catastrophic
engine failure; or
c. It must be shown that all possible
liberated engine parts or components do
not have adequate energy to penetrate
engine cowlings; or
d. Assuming infinite fragment energy,
and analyzing the trajectory of the
probable fragments and components,
any hazard due to liberated engine parts
or components will be minimized and
the possibility of crew injury is
eliminated. Minimization must be
considered during initial design and not
presented as an analysis after design
completion.
Issued in Kansas City, Missouri on June 22,
2005.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–12720 Filed 6–27–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–127–AD; Amendment
39–14168; AD 2005–13–31]
RIN 2120–AA64
Airworthiness Directives; Short
Brothers Model SD3–60 Airplanes
AGENCY: Federal Aviation
Administration, Department of
Transportation.
ACTION: Final rule.
SUMMARY: This amendment adopts a
new airworthiness directive (AD),
applicable to all Short Brothers Model
SD3–60 airplanes, that requires
performing repetitive inspections of the
shear attachment fittings of the vertical
stabilizer for corrosion, and performing
corrective actions if necessary. The
actions specified by this AD are
intended to detect and correct corrosion
in the area of the main spar web fittings
of the vertical stabilizer, which could
28JNR1